legal
Governing Law
Definition
The clause specifying which state or country's laws will govern interpretation and enforcement of the contract, and typically designating a jurisdiction where disputes must be litigated or arbitrated.
For Creators
Governing law matters enormously. California's creator-protective labor laws and New York's strong commercial law differ substantially. If you're based in Texas but the contract mandates New York courts, you may face prohibitive travel costs to enforce your rights.
For Brands
Choosing a favorable jurisdiction reduces legal uncertainty. Major brands typically mandate their home state. For international deals, consider whether international arbitration (ICC, JAMS) is more practical than domestic courts.
⚠ Red Flag Warning
Watch for mandatory arbitration clauses combined with out-of-state governing law. This combination can make it economically infeasible for creators to enforce their rights, even when they clearly prevail on the merits.
Sample Contract Language
“This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Any dispute arising hereunder shall be resolved exclusively in the state or federal courts located in New York County, New York.”
Related Terms
Appears in 5 contracts
Browse related contracts →Contracts containing this term
Professional Services Agreement / Brand Ambassador (CBD Products)
Tauriga Sciences Inc. (Delaware) · September 24, 2020 · EDGAR
Services Agreement (Influencer Marketing / Cannabis)
Bang Holdings Corporation · March 20, 2017 · EDGAR
Brand Ambassador Agreement (Jillian Michaels / Giggles N' Hugs v1)
Giggles N' Hugs, Inc. (Nevada) · February 28, 2017 · EDGAR
Brand Ambassador Agreement (Jillian Michaels / Giggles N' Hugs v2)
Giggles N' Hugs, Inc. (Nevada) · 2018 · EDGAR
Celebrity Endorsement Agreement (Dato' Mizal / DNF Group Malaysia)
DNF Group Sdn. Bhd. (Malaysia) · January 18, 2022 · EDGAR